Strikes (Minimum Service Levels) Bill

Debate between Baroness Fox of Buckley and Lord Collins of Highbury

Consideration of Commons amendments
Thursday 8th June 2023 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I will say very briefly I have no doubt that the Government do not want to lead to the sacking of workers through this Bill. However, when the Minister seeks to reassure us with the conclusion that it will be left to the discretion of the employer, I say to the Minister that those are dread words for anyone who is an employee of said employer if you are in dispute. As this Bill is about enforcing consequences, nay punishment, I do not care whether the Minister intends that people are sacked, I simply point out that that could be the consequence even against what the Government want. I hope the Government will reconsider this and bear in mind that it is to do with freedom, rather than coercing people: the freedom to go on strike and withdraw your labour, which is something that all sides of this House should support.

[Lord Collins of Highbury (Lab)]

My Lords, I will speak to my Amendment D1 and address some of the issues the Minister mentioned. Of course, when I spoke in the earlier debate, I focused on the fact that, when it comes to minimum service levels during disputes, what works are voluntary agreements—and that is across the world. I repeat that what this Bill does is undermine co-operation and voluntary agreements.

The fact is that this Bill will place trade unions in the unacceptable position of being asked to ensure that members who vote for industrial action do not take part in that action. It is a complete contradiction of their role. My amendment would remove the obligation on the union to take undefined reasonable steps. The Minister referred to the report from the Joint Committee on Human Rights, and I appreciate the Minister attempting to meet me and my noble friend to discuss what “reasonable steps” might mean. Sadly, the two-page government amendment that he gave me placed huge burdens on employers and unions—the complete opposite of what this Government say they want to achieve.

The simple fact, as I mentioned on Report, is that if a union is deemed not to have followed the legislation, it could mean that the strike is regarded as unlawful and that protections such as automatic unfair dismissal protection could be removed from all striking workers, including those not named in the notices. Again, if a union is deemed not to have followed the legislation, the strike could be regarded as unlawful, and that then opens up all kinds of consequences.